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Truck Driver DUI

San Bernardino Truck Driver DUI Attorney

Commercial Driver DUI Lawyer Protecting Your Career

A DUI charge is already life-altering, but when you rely on a commercial driver’s license to provide for yourself and your family, a DUI can feel life-ending. Commercial drivers are held to a different, stricter standard than passenger vehicle drivers, and for good reason. That doesn’t mean they aren’t entitled to the same rights as all drivers. That doesn’t mean an unfair DUI conviction should be enough to cost them their career.

Patrick Silva, Attorneys at Law, is here to help guide you through the DUI legal process. To our team, you’re more than a client; you are a provider, and we intend to protect your ability to provide. Call 909-500-4819 to speak with a San Bernardino DUI attorney to get started on your defense.

What Is the Legal Limit for Commercial Drivers?

When referring to “legal limit,” we are referring to the percentage of alcohol that can be found in your blood before it becomes illegal and threatens to impair your driving. This is called a blood alcohol level or blood alcohol concentration (BAC).

In California, the legal limit breaks down like this:

  • Non-commercial drivers over 21: BAC must be under 0.08%
  • Non-commercial drivers under 21: BAC must be under 0.01%
  • Non-commercial drivers on DUI probation: BAC must be under 0.01%
  • Commercial driver’s license holders: BAC must be under 0.04%

As you can see, commercial drivers are held to a higher standard than the average driver. This is because many commercial drivers are responsible for vehicles much larger than a standard passenger vehicle. Some of these commercial vehicles may even contain extremely hazardous materials. Understandably, California would want to ensure the drivers of these large vehicles are not impaired.

What if You’re Not Driving a Commercial Vehicle?

Under the California vehicle code § 23152(d), the 0.04% BAC applies when a commercial driver is operating a commercial vehicle. If you’re a commercial driver but you are driving a personal vehicle at the time of the stop, the standard 0.08% BAC typically applies.

There is a catch, though.

A DUI conviction in your personal vehicle will still affect your commercial driver’s license. A first-time DUI, even in your own car, will result in a one-year suspension of your CDL. A second conviction can mean losing your commercial driving privileges for life.

So, even though the legal limit may be the standard when you are off-duty, the consequences are still just as severe.

What Penalties Do Commercial Drivers Face for an On-Duty DUI?

Being convicted of a DUI when operating a commercial vehicle in California comes with severe, career-threatening penalties. Whether you are driving a semi-truck, bus, delivery van, or any other vehicle that requires a CDL, a DUI conviction can result in immediate disqualification from your profession.

A DUI arrest with a BAC of 0.04% or higher while driving a commercial vehicle, possible penalties may include:

  • Up to 1 year of jail time
  • Fines and penalty assessments totaling $2,000 or more
  • 3-9 months of DUI school
  • 1-year driver’s license suspension
  • 1-year commercial driver’s license disqualification, even if the DUI occurred in your personal vehicle
  • Mandatory IID installation if driving a non-commercial vehicle
  • 3-5 years of probation

Second Offense

If you are convicted of a second DUI, whether in a commercial or personal vehicle, you are facing a lifetime disqualification of your commercial driver’s license under Vehicle Code § 15302. There is no appeal, no reduction, and no reinstatement.

Additional consequences can include:

  • Loss of employment, as most trucking companies won’t retain or hire a CDL holder with DUI charges
  • Blacklisting from insurance carriers
  • Difficulty finding work in any driving-related job

A DUI offense is not just a criminal charge; it is a career killer.

How Will a San Bernardino County DUI Defense Lawyer Fight A DUI Case?

A prosecutor will have to prove their case against a commercial driver just the same as against a non-commercial driver’s license holder. That means just because you are arrested, it doesn’t mean you will be convicted. The way a DUI defense attorney will protect your rights is much the same as how they would defend a civilian driver’s rights.

  • Lack of probable cause: If law enforcement didn’t have a valid reason to make the traffic stop, such as clear traffic violations or suspicious driving, any evidence gathered after that point could be thrown out.
  • Faulty breath or blood testing: Commercial DUI cases often rely on breathalyzer or blood tests to prove your BAC was 0.04% or higher at the time of the stop. Testing equipment is prone to defects due to improper maintenance and miscalibrations. A skilled DUI defense attorney will be able to identify faulty testing and fight to have it dismissed.
  • No actual impairment: Not all DUIs involve alcohol. If the DUI charges revolve around medication or fatigue, your lawyer may be able to argue that the police officer misinterpreted your behavior.
  • You were not operating a commercial vehicle: While driving your personal vehicle, you are held to the same 0.08% standard as everyone else. If your charge is based on the 0.04% commercial standard, your attorney can attempt to correct the error and push for reduced or dismissed charges.

Don’t gamble with your professional future. Losing your commercial driver’s license can make it difficult, if not impossible, to provide for yourself and your family.

Call 909-500-4819 to schedule a free consultation with Patrick Silva, Attorneys at Law.